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tv   [untitled]    July 31, 2014 12:00am-12:31am PDT

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fault and you acknowledge the fact that part of the responsibilities as a body is the enforcement of the sunshine ordinance then i would think that there would be a moral imperative to do something to get together with the task force and come down with something meaningful where you can do something instead of these pointless arguments whether they charge the right person or crossed the right t or .ed the i and the issue is let them go to public meetings and let them speak and i went to the police commission and told by the the president you're not allowed to talk about certain things. i was told the same thing by the president of the arts commission. and the library commission and they all knew it wasn't true but they did it anyway. why? because they got
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away with it because they knew it would go to the task force and for some reason you want people to believe that the sunshine ordinance task force is a group that doesn't know what they're doing and you're more clever than they are because you can find a way there is something they did in some way that made it wrong and you're unwilling to do anything to correct the situation and there's never anything on this report that indicates you ever will. >> david pilpel again speaking as an idea. the report is good, comprehensive as usual. i think it would be helpful for the next few months up to the november election to include a category here for public financing. i believe there is only one candidate qualified but i think
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reporting on payments under the finance program would serve the public's interest and if there is anything else to report on the disclosure for november. i anticipate a lot of activity for . >> candidates and ballot measures and heightly contested so if you can provide that in addition to the website and the dashboard with all of that that would be helpful. thank you very much. >> all right. turning to agenda item number eight. items for future meetings? commissioners have any items that they would propose for future agenda? >> well, i am a newer commissioner so hearing from the public how often we talked about the commission and the sunshine ordinance task force is talked about this referral process i am wondering if we just can't have
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a conversation about it, and see if we can get to the bottom of it because in less than six months we had this issue come up twice and i feel like we never get to the actual substantive component of what is being brought before us because we're busy trying to figure out who to attribute it to, the violation. >> unfortunately chairperson hur isn't here but he would indicate we talked about possibly doing that and he indicated he would schedule something before the end the year we would have that discussion. >> is it possible to have a joint meeting with the sunshine ordinance task force? >> it's been done but they're difficult to schedule. >> could you try? >> of course. >> i speak for myself. i don't know whether my colleagues would also be in favor of that.
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>> well, we had joint meetings with them. i certainly wouldn't oppose another to see if we can smooth out some of the problems. i guess one of the questions i have though a lot of the procedural things we deal with i would assume that the city attorney who is advising the sunshine ordinance task force is dealing with those problems. >> well, we heard tonight that whoever that person is -- >> we don't know. we have hear say about it. >> the hear say indicated that the advice given was not the greatest advice in the world. >> i guess i could ask the city attorney do you think it would be beneficial to have a meeting
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-- >> you weren't here when -- >> i apologize i wasn't here. >> -- for the counsel assigned by the attorney to for the sunshine ordinance task force meeting with that representative to find out who that -- we had two cases in the last months that have come up where the sunshine task force has charged the department head even though in the proceedings the department head was never named but gets named or she gets named in the referral up to us, and then the question comes what is the due process? the department heads never had a chance to respond to it. all of the people responding are people below them and the argument is made with some merit that the
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department head is responsible for the people working for him, but insofar as dealing with the task force the task force has never confronted that issue and we're making a finding against the department head for this reason. simply finds there is a violation and names the department head at the end of the game and not the beginning so what i think commissioner andrews and we're talking about is there some way that we can smooth out, so that we don't have the procedural problems to deal with but dealing with the substance of the complaint. >> right. deputy city attorney. i wasn't here for tonight's sunshine referral but was it represented during that matter that they had weighed in on that issue? >> it was represented that the deputy city attorney at the time with the task force advised the
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task force to name the particular underlings in the department as being the responsible ones for the violation, and that's what they did and i see in the language itself of the ordinance it says specifically that the underlings cannot be held to be the responsible parties. it says that. that the responsible party is the department head, so then at some point it's understood with this well, we should really name the department head and the representatives of that department come here before us and say you're violating due process. our department head is just named now at this stage of the proceedings after the task force has already made a finding of the violation relating to those underlings and he was
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never named so we had it twice. we dealt with this tonight but last time we punted it. we shouldn't have. >> sounds like an issue that came up several times and certainly in conjunction with a future agenda item on this issue i am happy to coordinate with my office and get to the bottom of this. i am certainly happy to do that whenever this is calendared. >> i would recommend that we consider putting how the staff -- how we want to address the agenda item, but you know what the problem is we want to try to resolve and see what is the most sensible way to resolve it and put it on an agenda item and take public comment on it. >> yes. >> and get comment from the sunshine task force. all right.
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yes? >> [inaudible] jack, do you keep a record of requests or recommendations that we make? >> yes. . >> microphone please. >> do you keep a record of requests and recommendations for future agenda items? >> >> yes. >> because i think we made recommendations at different times and i would like to see what those are and know when they're agendized. >> they're agenda diezed at the discretion of the chair but i can go back and look and see what's out there. >> all right. is there a motion to adjourn? >> you have to have public comment on this item. >> all right. public comment
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on the discussion that we just had? >> new agenda. >> ray hart. i will keep repeating it. i would like my case against louis herrera brought back before the commission. i filed another complaint against him for the same exact reason so i don't think the task force having decided he was in violation. you unanimously -- well, not unanimously. mr. pilpel voted against it, will have problems getting it back here. the bottom line is mr. herrera as i talked about this oofng evening hid funds he was receiving from friends of the library and gifts he knew he had to report and we had to take him to the f bbc in
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sacramento and find him in violation and he's a convicted perjurer and said he got nothing when he got $5,000 a year and he lied to your faces and you don't seem to be worried about that at all. he told you this isn't a first amendment issue and it's always been from the 150 word summaries they started six years ago to telling people they weren't allowed to talk about certain things at library commission meetings to our criticism of the financial relationship with the friends and with holding documents and using the public position as city librarian to violate the law and with holding documents for more than two years. hi t -- i had to go to the superintendent of records twice and found in violation of the task force for not doing their job and says if they don't
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comply it's supposed to be sent to the district attorney or the attorney general and they pretend like that isn't happening so basically what i am saying is this is not the first time you've had a case against the library commission or somebody with the library that was referred here. this is the fifth time and every single time you have found a way not to have a hearing or to find the person not in violation, and i have to ask you honestly do you want the public to believe that the sunshine ordinance task force is so inept and vote five times that the person is in violation, order them to follow it and they not follow it and refer to you and every damn time you find a way of kicking it out. the reason i think you do that is because of what happened to jewel gomez that you
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recommended unanimously she be removed to the mayor and he ignored you. it's hard to have authority when the person you recommend to ignores your recommendation. doesn't even give you an answer. >> and if you have refiled your complaint and it comes back to us i assure you there will be a hearing and you will be present. >> [inaudible] >> it's awfully racist of you. >> [inaudible] >> mr. pilpel. >> david pilpel again speaking as an individual. just as clarification yes, there have been joint meetings between the commission and the task force in the past. there can be in the future and i believe one that one of the grand jury findings
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and recommendation i believe number 20, talked about the relationship between the task force and the commission so you might address it in part to the responses to the grand jury report if you intend to do something in the future you could indicate in your responses that the task force is certainly considering the responses to that grand jury report as well. thank you. >> thank you. now can i have a motion for adjournment. >> i move for adjournment. >> second. >> all in favor? opposed? stand adjourned. [gavel]
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thursday, july 24, 2014. i'd like to remind members of the audience that the commission does not permit outbursts of any kind minutes and and when speaking before the commission, if you care to, do state your name for the record. i'd like to take roll commissioner president wu. commissioner fong. commissioner antonini. commissioner hillis. commissioner johnson. commissioner moore. commissioner sugaya. commissioners first on your calendar are items proposed for continuance at 9 west portal affordable housing discretionary review authorization to augu
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august 7, 2014, there are no speaker cards >> any comments on the items proposed for continuance seeing none, public comment is closed. commissioner johns >> move to approve. >> move to continue. >> sorry. on that motion to continue. commissioner antonini. commissioner hillis. commissioner johnson. commissioner moore. commissioner sugaya. commissioner fong and commissioner president wu. so moved, commissioners, that motion passes 7 to zero and places you under your consent calendar calendar, are considered to be routine and may be acted upon by a single roll call vote of the commission. there will be no separate discussion of these items unless a member of the commission, the public, or staff so requests in which event the matter shall be removed from the consent calendar and considered as a separate item at this or a future hearing. item 2 case at 19 through 28
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clyde street request for condominium conversion and next at 39 alamed billboard and case four at 499 laguna street request for kwufrgs third reading >> any public comment on the consent calendar seeing none. commissioner antonini >> move to approve items 2, 3, 4. >> second. >> on that motion to approve ail matters under content. commissioner antonini. commissioner hillis. commissioner johnson. commissioner moore. commissioner sugaya. commissioner fong and commissioner president wu. so moved, commissioners, that motion passes unanimously 7 to zero and placed you under commission matter item 5 for the draft minutes of july 10, 2014,
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>> any public comment on that item on the draft minutes? public comment is closed. commissioner sugaya >> i'll move probation officer to adapt the minutes of june july. >> on that motion to adapt the minutes for july 10th. commissioner antonini. commissioner hillis. commissioner johnson abstention >> even when you're not at a particular hearing you need to render a vote. >> i then. >> commissioner moore. >> commissioner sugaya. commissioner fong and commissioner president wu so moved, commissioners, that motion passes unanimously 7 to zero. and places you on item 6 commissions comments and questions and commissioner moore >> i'm sure everyone has read that i was upset that the flower
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mart sold fore $27 million there are one hundred and 4 businesses that didn't have any idea i regret that and hope the department will closely monitored what the next steps are. commissioner antonini >> yeah. i have a couple of items i agree with commissioner moore and heard of that and very involved with the last time and was helping to keep it but certainly are there accommodations made for the relocation of that facility and i'll encourage it to be used for other assets a lot of the businesses are doing extremely well and it's historical we'll work on that.
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first of all, a couple of matters stu thank you to commissioner sugaya for many years of service this could be his last meeting i want to acknowledge it's service to the city and sitting next to him >> thank you (clapping.) my final is an unfortunate incident but the public should know last tuesday and i were meeting a couple of people on a street and we took transportation on mission she didn't want to get off on that station i said okay pick me up i'll take mini to my office we found a place on geary
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restraining order and we get between guerrero and valencia a packageer gets in our path of where we were walking and, you know, was asking for things and not moving he didn't move finally, i yelled at him and yelled forcefully enough and then a woman popped up in my face don't yell at my people we don't want you here that was disrupting i think their misguided and encourage the mission district to look at the community benefits to take some control of the streets i know your optional a block from mission station but the officers are busy with more serious offenses but i feel sorry for
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someone not from san francisco in some of our tourists and have that kind of thing happen they wouldn't come back and you read it all the time people are accosted by packageers and we lose our reputation and this kind of thing has to be controlled. >> snaring. >> yes. thank you. to start on the flower mart the commission went through a lot of hearings last time the flower mart was up for sale and being purchased and got feedback but the complicating factor the flower mart is not one place there's a japanese american
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ownership the last time they are not involved in the academy of art situation i don't know what the situation is but it's probably more complicated then we think this is my last meeting probably i've severed as a planning commissioner for 8 years and tried to bring some objectivity to my decision making there were a few indiscretions along the way you can google it and find out (laughter) made better forensics with supervisor kim and other in the process anyway, that's water under the bridge. i think objective activity wise
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is one it is one that i kind of like to characterize it as an unbalanced advocacy here and there i think the staff can bring us things that is a unbalanced but they're kind of forced into doing that one way or another as commissioners we should look at interests that we have passions for that we believe in strongly. i know certain commissioners like commissioner low is strong on urban design and others on housing etc. i don't have a lot to say other than to leave comments about things i've gone through the commission still probably should consider giving us attention to one is discretionary review
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authorization reform we went through that i believe at that time, i was a strong anti doctor person i've come around thinking that it's something that the city has this unique state maybe in the nation but i think the planning commission is the wrong place to have this done. i advocated at this time for a hearing officer sort of like the zoning administrator who i believe does a good job and has over the years or a smaller committee maybe a 3 person panel. i also think we need to expand and continue to be vigilant about the loss of pdr spaces in the city that goes along with trying to protect the western selma plan and balanced against
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the central corridor plan and lastly my plan for the culture presentation slightly different word but we went through many, many years of hearings on the japantown better neighborhood plan that was moderator into the dhs which is a culture document that document i think forms the basis for other discussions going on in the lgbt word and in the latino community and the filipino community. so i hope those things will continue and the planning commission will continue to support the work of the historic preservation commission. lastly i want to thank the planning staff they do a tremendous amount of work and this commission couldn't well, i
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think we could get along with all the stuff we're going i want to thank the staff for the support i've received over the years >> thank you commissioner sugaya. >> commissioner fong. >> i'd like to offer my thank you and congratulations. i don't think this commission is necessarily supposed to agree the way we're set up we're supposed to offer views i appreciate you and have learned a lot from you i've learned different aspects and comment on your line of questioning sometimes, it's very thorough and unique from a different prospective and our attention to daily it's been great sitting here for 5 years and good luck going forward >> i also want to thank you
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commissioner sugaya all our service at the planning commission and the landmark and maybe sometimes your comments maybe unfiltered it's a breath of fresh air many commissions can be overly careful you believed things and meant them and being thought of so again wish you the best in our future endeavors and maybe see you again. >> commissioner moore. >> having sat next to commissioner sugaya 8 years it's more than having a think a informed voice but a great appreciation for the thoroughness in the profession and before we really had the historic preservation fully established i've learned a lot
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and will miss you a great deal i refer to you as my comrade in arms. >> commissioner. >> i've learned a lot from bill and appreciate you how direct he is maybe those who don't follow planning but baseball derrick jettinger so thank you you've made a great impact bill. >> i may also wish you the best and commissioner johnson welcome. >> commissioners that place you in directors announcements. >> thank you xhishths on behalf of the commissioners thank you for your staff both on the planning commission and the board of appeals it's been educational for me and the staff we've been preshthd your detail and commitment to the work.
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secondly, with the reporter to the flower market there's 3 ownership groups the announcement in the paper was the purchase of two of those. so what is then the third a separate purchase not announced by a different buyer i should say so there's a lot of discussions we're organizing the meetings as well and one of the discussion points all or part of the functions should be there or relocated so we'll looking at issue. the good news that morning the mayor signed the legislation schlage lock to allow that project to move forward. there was a signing ceremony that involved several members of the community that worked o